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esa re- assement advice

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6 years 11 months ago #187626 by bigbird
esa re- assement advice was created by bigbird
hi I have received a capability for work questionnaire ESA50 after being in the support group for 3 years after sum great advice and help from this site after 2 appeals and a tribunal,i only got in the support group because of my severe stammer which is classed as a disability for the purposes of the disability discrimination act [which I proved in an indust tribunal ] I have other health issues which prevent me from working aswell but because of something written on a previous atos assement regarding my stammer the tribunal said it awarded me 15 points for activities and descriptors in schedule 2 of esa regs2008 made up as follows 6[a] the following activity and descriptor from schedule 3 of esa regs 2008 applied [6] my stammer is life long and has always and will always be there and my other health issues are still the same but I rarely go to the doctors and usally only for a medicine review and asthma check I just live with my health issues if my circumstances are still the same regarding my health and stammer shud I expect to have a medical ? and should I be sending in a copy of my tribunal result papers with easa50 form thankyou

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6 years 11 months ago #187648 by Gordon
Replied by Gordon on topic esa re- assement advice
Bigbird

Descriptor 6a has the following definition;

6. Communicating – speaking, writing and typing
Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used, unaided by another person.

(a) Cannot convey a simple message, such as the presence of a hazard. 15 points

This Descriptor also qualifies you for the Support Group.

I think it likely that you will have a face to face, definitely send the Tribunal Decision Letter.

If you have further questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 11 months ago #187656 by bigbird
Replied by bigbird on topic esa re- assement advice
thanks should I fill in part 2 question 16 of esa50 form coping with situations because its mental,cognitive and intellectual issues because I think it relates to me because of my severe stammer because I can never meet new people without feeling or scared even people I know to a lesser degree also at my last assessment I asked for the assessment to be taped but after receiving the tape at the end and taking it home it was blank and when I got the report back some of what was written was complete lies I complained and was told the tape had failed but i won my tribunal anyway ,should I have asked for another assessment if it happens again is that allowed or would I be better off taping my own assessment with to tapes and giving them one as I no you can do that now regards bigbird

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6 years 11 months ago #187663 by Gordon
Replied by Gordon on topic esa re- assement advice
Bigbord

To score points for questions 11-17 the cause of your problems has to be a mental health issue, so I would not expect you to score for your stammer as this is a physical condition.

I'm afraid claimants have no specific right to have their assessments recorded and you certainly would not be able to request a re-assessment if the tape failed again. You can offer to make the recording yourself, you will need to make two simultaneous copies directly to tape or CD, digital recordings are not allowed. You must have permission in advance to do this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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